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Military Personnel & DUI Laws

San Diego is known for year-round beautiful weather, sun, surf and of course, the military. Camp Pendleton Marine Corp base is located in Oceanside and close to suburban and beach hubs such as San Clemente, San Diego and Dana Point.

Each year, thousands of people are arrested in California on suspicion of driving under the influence, and in the San Diego area, the chances of the arrest being that of a military personnel are higher than almost anywhere else in the state. Although the laws apply to everyone and civilian penalties apply to all convicted of a DUI, military personnel may face a few different complications.

After an arrest, military members need to ensure that they notify their command. Depending on the member's branch of the military, ranking and where the DUI arrest took place, a few things may happen. The most commonly hoped for outcome would be that the command take a "wait and see" approach and only enforce military alcohol educational courses.

Other times, consequences may be worse and members may face loss of rank, extra duties or letters of reprimand. In the case of repeat offenders or those that are facing vehicular manslaughter charges, military members may be subjected to a Captain's Mast and be discharged less-than-honorably from their service.

If the arrest occurred while on a military base, such as Camp Pendleton, the consequences may quickly change. Not only will you be facing complications with the chain of command, but you have now potentially committed a crime on federal land – leaving you with a federal offense charge. You will be prosecuted in the federal court system by a Special Assistant United States Attorney, who is a member of the branch of military that you serve in.

Civilians may be facing federal charges, too, if they were caught driving under the influence on base. It is important that if you are a military member or a civilian charged with a DUI on a military base, that you work with an attorney right away. Attorney Mark R. De Yoe can aggressively fight for your case and help you retain your freedom after an arrest.

In addition, our San Diego DUI lawyer provides discounts for military members to help you- call now!